Terms of service

OVERVIEW

This Website is operated by Bujjify Inc, 3088 Country Lane, Whitby, Ontario, L1P1M4, Canada. Throughout the site("Website"), the terms "we," "us," and "our" refer to Bujjify Inc. Bujjify Inc offers this Website, including all information, tools, and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. These terms and conditions (referred to as the "Terms of Service") govern your ("you" or "your") access to and use of the www.bujjify.ca or www.bujjify.com website (referred to as the "Website") and all services provided by Bujjify Inc ("Bujjify" or "we") via the Website, including our subscriptions ("Subscriptions"), products, and gift cards (collectively referred to as the "Services"). By accessing/purchasing or using the Website or Services, you agree to comply with and be bound by these Terms of Service, including those additional terms and conditions and policies referenced herein. If you do not agree with any part of these terms, please refrain from using the Website or Services. If one or more provisions in these Terms of Service are null and void or should be nullified, the other provisions of these Terms of Service will remain fully applicable. These Terms of Service apply to all users of the site, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of Content, and prospective customers located in Canada and the United States. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service. Any new features or tools that are added to the current store shall also be subject to the Terms of Service. 

Our store is hosted by Shopify Inc. They provide us with an online e-commerce platform that allows us to sell our products and Services to you.

ACCEPTANCE OF TERMS

By using our Website, creating an account, or purchasing or subscribing to our Product or Services, you accept these Terms of Service. Please read them carefully, as they may have changed since your last visit. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.

ONLINE STORE TERMS

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose, nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

GENERAL CONDITIONS

We reserve the right to refuse Service to anyone for any reason at any time. You understand that your Content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the Website through which the Service is provided without express written permission by us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

ACCOUNT CREATION

In order to make purchases, you have the option to register and create an account on our Website ("Account"). Creating an Account is as simple as providing a valid email address, first name and last name, and Baby’s date of Birth. To ensure the smooth provision of our Services, we require the following information from you:

• A shipping address within Canada or the United States (unless the Account is created for e-gift card purchases).
• A valid credit card number (referred to as your "Credit Card") or any other authorized billing information or payment method (collectively known as "Account Information").

By registering as a user, you acknowledge and agree that we may utilize this information to communicate with you regarding the Services. Additionally, you may receive special offers and commercial email messages, which you can opt out of by selecting the unsubscribe link provided in the email correspondence. You have the flexibility to update your Account Information whenever necessary. However, please note that if you make future purchases of our Products, including ongoing Subscriptions, using new Account Information, we reserve the right to process those transactions accordingly. It is your responsibility to protect your Account from unauthorized use, and you are liable for all activities that occur on your Account, including financial obligations. If you suspect or become aware of any unauthorized use of your login or password, please notify us immediately so that appropriate action can be taken. Failure to safeguard your login and password may result in losses or damages, for which we are not liable.

PURCHASE OF PRODUCTS

By submitting an order, you are placing a binding order for the Products you have selected. Upon submitting your order, we will send you an email confirmation. A binding contract is formed when you receive the order confirmation from us. Please note that we are not obligated to fulfill your order if there are inaccuracies, errors, unavailability of the Product, or for any other reason. Your order is based solely on the information you provide, and you guarantee the accuracy and completeness of such information.

ACCURACY, COMPLETENESS AND TIMELINESS OF WEBSITE INFORMATION AND PRODUCT DESCRIPTION

While we strive to ensure the accuracy and completeness of the information on the Website, there may be instances where the information is incorrect, incomplete, or inaccurate due to various factors, including browser or technology issues. We apologize for any errors that may affect the price, description, or availability of the Product. We reserve the right to correct errors, update product information, or cancel your order in such cases. 

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

MODIFICATIONS TO THE SERVICE AND PRICES

Bujjify reserves the right to change prices and available Products at any time. Pricing changes will not affect any subscriptions already paid for at the time of the notice. Some Products may have limited quantities, and stock availability cannot always be guaranteed. The prices listed on the Website at the time of ordering will apply. Prices are quoted in CAD Dollars on www.bujjify.ca and US Dollars (USD) on www.bujjify.com. If you are accessing the Website from an IP address that does not reflect your geographic location, you are responsible for verifying and accepting the price of the Products in the displayed currency before placing an order. In some cases, shipping and handling costs will be added to the Purchase price separately. Until the full purchase price is paid, the goods remain our property (or the property of any involved third party). We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

TAXES

We reserve the right to charge you for any applicable taxes or duties related to your purchase. Taxes and duties may be added to the order total for specific shipping locations, and the applicable amounts will be displayed during the ordering process.

PAYMENT

By making a purchase, you authorize us (and any payment processor) to charge your chosen payment method, including for subscriptions. We accept various forms of payment, as stated on the Website, including but not limited to credit cards (Visa/Mastercard/American Express/Maestro), Shop Pay, PayPal, and Apple Pay. Credit card payments are charged when your order is processed, and the release of funds is subject to the policies of the card issuer. We may use the payment information provided to offer better Service in the future and protect against fraud or losses. If you update your billing information, we may use the new information for future purchases, including ongoing subscriptions.

The completion of a payment transaction depends on providing accurate personal, account, and transaction information, authorization by your card company, and acceptance of your payment. You can cancel your payment before submitting it. We reserve the right to cancel a payment or prevent future payments if there are breaches of applicable laws, our Terms of Service, suspected fraudulent activity, excessive disputes or reversal rates, or failure to cooperate in investigations.

ORDERS AND DELIVERY

We reserve the right to refuse, cancel, or limit the quantities of any Product orders. We are not liable for Product unavailability or shipping delays. Delivery terms provided by us are estimated and do not constitute strict deadlines. We may deliver a similar Product of similar quality if the ordered Product is unavailable. For order execution, we may involve third parties, such as fulfilment and delivery services.

DAMAGED AND INCOMPLETE SHIPMENTS

 If you receive a shipment of Products that is damaged or incomplete, please get in touch with Bujjify customer support. When contacting us, kindly include your name, order number, and a description of the defect or incomplete shipment. It is important to retain all original packaging. If the Products delivered to you are defective or do not match your order, you have the right to return them. Please notify us of any damaged or incomplete shipments within a reasonable time after discovering the issue, but no later than 7 days from receiving the Products, unless the applicable law specifies a longer period. If you are unsure about the timeframe for returning damaged or incomplete shipments, please contact us at hello@bujjify.ca email address before placing your order. Failure to timely notify us will result in the expiration of your rights and claims regarding the issue raised within that period. Each delivery is considered a separate transaction, so complaints related to a specific delivery do not affect previous or subsequent deliveries. If your complaint is valid, we have the discretion to adjust the invoice amount, resend the affected Product, or provide a partial refund for the price already paid, without further obligations. Any repairs conducted by you on the delivered Products, regardless of the nature or reason, will not be reimbursed unless we have explicitly agreed in writing to carry out those repairs. 

LOST AND BROKEN PARTS

In the event that an individual part or component of a Product purchased through our Website is lost or broken, excluding cases of abuse or misuse, you may contact Bujjify customer support. Subject to your compliance with these Terms of Service, we will make reasonable efforts to replace the lost or broken part. However, the availability of replacement parts for the specified Product, economic feasibility, evidence of damage or misuse, regulatory and safety concerns, as well as our reasonable discretion, will impact our ability to provide replacements. Replacement of lost and broken parts is only available for customers located in Canada and the United States. 

RETURNS

If you find yourself dissatisfied with a Product you purchased through our Website, you have the option to withdraw your purchase within a 15-day return period (the "Return Period"). To exercise your Right of Withdrawal/Return, you must inform us of your decision and subsequently return or hand over the Product to us (at the Email provided below) within 7 days from the date of notifying us. It is your responsibility to provide proof of correctly and timely exercising the Right of Withdrawal/Return. Simply sending the notification to hello@bujjify.ca before the end of the return period is sufficient to comply with the requirements. While we may inquire about the reason for your withdrawal/return, it is not mandatory to provide such information. The Return Period commences on the day following the receipt of the Product by you, a third party designated by you (excluding the carrier), or:

• In the case of ordering multiple Products within the same order: the day on which you or a third party designated by you received the last Product. Please note that we reserve the right to refuse an order for several Products with different delivery times, provided we have clearly communicated this prior to the ordering process.
• In the case of a Product delivered in multiple shipments or parts: the day on which you or a third party designated by you received the last shipment or part.
• For Subscriptions: the day on which you or a third party designated by you received the first Product.

During the Return Period, it is important that you handle the Product and its packaging with care. Unpack or use the Product only to the extent necessary to assess its nature, characteristics, and functionality. Your handling and inspection should be similar to what would be allowed in a physical store. Any failure to handle the Product accordingly may result in liability for any depreciation incurred.

If you choose to exercise your Right of Withdrawal/Return, please ensure that you return or hand over the Product (s) promptly, but no later than 7 days from the date of notifying us. Return the Product with all supplied accessories, preferably in its original condition and packaging, following the reasonable and clear instructions provided by us. Return shipping costs will be incurred by you. We are not responsible for the return shipping costs. 

Upon receiving the returned Product in accordance with the aforementioned requirements, we will reimburse you for all payments received, excluding any additional costs incurred due to choosing a delivery method other than our cheapest standard option or shipping costs if outside Canada or Contiguous US. The refund will be processed immediately and, at the latest, within 14 days from the day the delivery is received at our warehouse. We will use the same payment method used for the original transaction, unless expressly agreed otherwise. For any inquiries or to exercise your Right of Withdrawal/Return, please contact Bujjify customer support. When reaching out, please provide your name, order number, and optionally, the reason for the return. Remember to keep all original packaging. 

CLOSEOUT ITEMS RETURN POLICY

On designated closeout, clearance, or reduced price items, returns, refunds, or exchanges are not available.

GIFT CERTIFICATE/E-CARDS

Bujjify offers the option to purchase e-gift cards, known as Bujjify E-Gift Cards, through our Services. These e-gift cards can be redeemed exclusively for Bujjify Products and are available for individuals aged 18 and older. Please note that Bujjify E-Gift Cards cannot be exchanged for cash, reloaded, resold, or transferred for value, except as required by law. Additionally, they cannot be used to purchase other Bujjify E-Gift Cards. There are no maintenance, activation, or other fees associated with Bujjify E-Gift Cards, and they have no expiration date. The risk of loss and title for Bujjify E-Gift Cards pass to the purchaser upon electronic transmission to the purchaser or designated recipient, or our delivery to the carrier, whichever is applicable. We are not liable for any lost or stolen Bujjify E-Gift Cards or for any unauthorized use. In cases of fraudulent acquisition, use, abuse, or misuse of a Bujjify E-Gift Card, we reserve the right to close accounts and request alternative forms of payment, as determined at our sole discretion. For information about Bujjify E-Gift Cards, please contact Bujjify customer support.

PERSONAL USE ONLY

Bujjify Products are intended for personal use only. You agree not to purchase Products in bulk, wholesale, or commercial quantities, or to sell, resell, lease, rent, or use the Products in shared-use clubs, memberships, or any other similar arrangement, directly or indirectly. This applies to Products purchased or received through a Subscription or any other purchase from or through our Website. We may, within the limits of the law, impose restrictions on the quantity of Products available for purchase. We reserve the right, with or without notice, to cancel or reduce the quantity of any order or Products provided to you that may violate these Terms of Service, as determined at our sole discretion.

INTERNATIONAL SALES

At present, we market and sell our Products exclusively within Canada and the United States. We reserve the right to refuse, cancel, or limit the quantities of any Product orders placed by customers residing outside these areas. If you obtain Products through a freight forwarding company or similar Service, please note that we may be unable to assist you with any future customer requests that may arise, such as returns, broken or missing items, replacements, or reshipments.

REFERRAL PROGRAM

At Bujjify, we encourage our customers to share their love for our Products with friends and family members outside of their own households. As part of this, we may periodically offer referral bonuses as a token of appreciation for introducing new customers to Bujjify.

Please note that referral bonuses apply only to the referral of new customers who have not previously purchased a Bujjify Product or other Service. Customers are not eligible to refer themselves or members of their own households. Sharing referral codes on social media platforms or any other public forums, as well as using the referral program in connection with bulk purchases and/or freight forwarding, is strictly prohibited.

We retain the right to modify or cancel any referral program or bonus at any time. Additionally, if we detect or suspect fraud or find that a customer's behaviour is inconsistent with the terms of the referral program or our Terms of Service, we may cancel referral credits, Product deliveries or disable/revoke a customer's referral account (including disabling current rewards). It's important to note that referral bonuses hold no cash value, and no refunds are available for items purchased using such bonuses. Specific referral programs may be subject to additional terms and conditions.

WEBSITE AND SERVICES CONTENT

Users are granted a personal, non-transferable, non-exclusive right to access and use the Content available on this Website and through the Services (referred to as the "Content") in accordance with these Terms of Service. The term "Content" encompasses all information, text, images, data, links, software, trademarks, videos, trade names, audio, designs, the look and feel of the Website, and other materials accessible through the Website or Services, whether created by us or provided by others for display on the Website or through the Services.

We reserve the right to modify document names and Content, descriptions or specifications of Products or Services, or any other information without any obligation to provide notice of such changes.

You may view, copy, download, and print the Content available on the Website or through the Services, subject to the following conditions:

1. The Content may only be used for personal, non-commercial, and informational purposes. Except for these limited purposes, no part of the Website or the Content may be reproduced or transmitted in any form, by any means, electronic or mechanical, including photocopying and recording, for any other purpose.
2. The Content may not be modified.
3. Copyright, trademark, and other proprietary notices must not be removed.

Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any Content displayed on this Website, either through framing or otherwise, except: (a) as expressly permitted by these Terms of Service; or (b) with our prior written permission or the permission of the third party that may own the trademark or copyright of the displayed material on this Website. Any pictures and drawings remain our property at all times and must be promptly returned to us upon request. Failure to do so will result in the holder owing the determined value as specified by the owner. This provision also applies if we have explicitly communicated in writing our intention to have the items returned. We reserve the right to modify, suspend, or discontinue this Website or the Services, in whole or in part, at any time and for any reason, without prior notice. The Website may also experience periodic unavailability due to maintenance, computer equipment malfunctions, or other reasons.

PRODUCTS OR SERVICES 

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any colour will be accurate. We reserve the right but are not obligated to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or Services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or Service made on this site is void where prohibited.

We do not warrant that the quality of any products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us, you send creative ideas, suggestions, product improvements, proposals, plans, or other materials, or other feedback related to our Products or Services (referred to as "Feedback") whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you acknowledge and agree that such Feedback or information is provided voluntarily. By providing Feedback, you grant us a non-exclusive, worldwide, royalty-free, perpetual, and irrevocable license to use, reproduce, modify, copy, adapt, publish, translate, distribute, and display the Feedback, at any time, without restriction, for any commercial or non-commercial purposes without any expectation of compensation.

Furthermore, you agree that we have the right to use the Feedback to enhance our Services, improve our Products, and promote the Services and Products, without any obligation to provide attribution or compensation to you. To the extent that any rights in the Feedback cannot be legally assigned or licensed to us, you hereby grant us an exclusive, unrestricted, worldwide, perpetual, and royalty-free license to utilize the Feedback for the purposes of improving our Services and promoting our Products. You understand and agree that you will not be entitled to any compensation, monetary or otherwise, for the use of your Feedback in these ways. Please note that providing Feedback does not establish any confidential or fiduciary relationship between you and us, and we are under no obligation to treat the Feedback as confidential. Therefore, please exercise caution when disclosing any sensitive or confidential information in your Feedback. We value your Feedback and appreciate your contributions to the ongoing improvement of our Services and Products. Thank you for your understanding and collaboration.

We may, but have no obligation to, monitor, edit or remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party's intellectual property or these Terms of Service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

GIVEAWAY PROGRAM

Occasionally, we present our valued customers and non-customers with the chance to participate in Bujjify-sponsored or affiliated contests, giveaway programs, or other promotions (collectively referred to as "giveaway programs"). These programs offer individuals the opportunity to win Bujjify Products, as well as products from third-party participating brands, either for free or at a discounted price. The specific rules, terms, and conditions that apply to each giveaway program will be shared with participants, who must agree to them prior to entering.

By entering a giveaway program, you acknowledge and consent to the collection, processing, storage, and utilization of certain personal data by Bujjify, the participating brands, and their affiliated entities. This personal data may be used for promotional, marketing, and advertising purposes. We encourage you to review our Privacy Statement, as well as the privacy policies of each participating brand and their affiliates, for additional information regarding how your personal information may be handled.

We appreciate your enthusiasm and participation in our giveaway programs. Should you have any questions or concerns about the collection or use of your personal data, please do not hesitate to contact us.

SUBSCRIPTION CANCELLATION

We strive to provide you with the best experience and products tailored to every stage of your child's development. However, if you wish to cancel the automatic renewal of your Subscription, you can easily do so through the My Account page on our Website by logging into your Account. Please ensure that you update your Account at least 3 business days before your next scheduled shipment.

Please note that your Subscription will continue to renew automatically until you decide to cancel or until Bujjify no longer offers products suitable for your child's age. As our Subscription product line may expand to include older age groups over time, it is important to keep this in mind. 

If you fail to cancel your Subscription at least 3 business days prior to your next shipment, it will automatically renew for the next applicable period.

You have the flexibility to cancel your Subscription at any time by updating your Account settings or by contacting Bujjify customer support and requesting cancellation.

You will receive written notice of any changes in subscription frequency, delivery or pricing within a reasonable timeframe prior to the changes taking effect.

We reserve the right to terminate your Subscription without notice if we believe your conduct violates these Terms of Service or our policies, poses harm to our business interests, or if your account remains inactive.

For further terms and conditions that apply to our Subscriptions, please refer to the FAQs page on our Website.

OPTIONAL TOOLS

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools" as is" and "as available" without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new Services and/or features through the Website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

RESPONSIBLE USE AND CONDUCT

By accessing our Website, you agree to utilize all Content solely for its intended purposes and in accordance with these Terms of Service, applicable laws, regulations, and accepted online practices.

When visiting our Website, it is your responsibility to maintain the confidentiality of your Account login information and to ensure that all activities carried out under your Account are in compliance with these Terms. You acknowledge that the information provided for your Account is accurate and kept up-to-date. You agree to access our resources solely through the authorized means we provide and not to attempt to copy, duplicate, distribute, reproduce, display, sell, trade, or resell any of our information, resources, Content, or tools.

Regarding the Website and its associated software, source code, platforms, servers, and interfaces, whether owned by us or third parties, you must refrain from engaging in the following actions: (a) copying, redistributing, publishing, reverse engineering, decompiling, disassembling, modifying, altering, revising, translating, creating derivative works from, or making any unauthorized attempts to access or use; (b) selling, assigning, sublicensing, transferring, distributing, leasing, renting, or granting a security interest; (c) reproducing, duplicating, copying, selling, reselling, or exploiting for commercial purposes; or (d) accessing or using in a manner prohibited by applicable laws, directives, regulations, or these Terms of Service.

Failure to comply with these Terms of Service will result in holding you solely responsible for any consequences, losses, or damages incurred directly or indirectly by Bujjify. Furthermore, non-compliance may subject you to criminal or civil liability.

PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy.

ERRORS, INACCURACIES AND OMISSIONS

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

PROHIBITED CONDUCT

You agree to comply with all applicable laws and refrain from engaging in the following prohibited conduct:

(a) Uploading, transmitting, posting, emailing, or making available any material to the Website that: (i) is false, inaccurate, misleading, fraudulent, unlawful, harmful, threatening, tortious, defamatory, vulgar, invasive of privacy, or libelous; (ii) infringes on the intellectual property or other proprietary rights, rights of publicity, or privacy of any third party; or (iii) contains viruses, worms, Trojan horses, time bombs, corrupted files, or any other software or programs designed to interrupt, interfere, intercept, expropriate, destroy, or limit the functionality of the Website or any associated computer software, hardware, or equipment.

(b) Altering, removing, obscuring, or falsifying any attributions, trademarks, copyrights, or other proprietary designations of origin or source of the Website or Content.

(c) Impersonating any person or entity.

(d) Attempting, through any means, to gain unauthorized access to the Website, Content, or another person's account or information on or through the Website, for unlawful purposes or in a manner not intended by us.

(e) Using any automated device or manual process, such as robots, scrapers, or spiders, to monitor or copy the Website or any Content.

(f) Taking any action that imposes an unreasonable or disproportionately large load on the Website.

(g) Taking any action that causes us to lose the services of our business partners, vendors, or suppliers or creates liability for us.

(h) Engaging in any activity that violates any applicable law, statute, ordinance, or regulation, or that violates these Terms of Service.

(i) Attempting to tamper with, disable, hinder, bypass, override, or circumvent any security, reliability, or integrity features, restrictions, or requirements of the Website.

(j) Interfering with or disrupting the integrity or performance of the Website or the data contained therein.

(k) Accessing the Website or Content for the purpose of building a competitive product or Service, copying any features, functions, or graphics of the Website or Content, or monitoring the availability and/or functionality of the Website or Content for benchmarking or competitive purposes.

We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

INDEMNIFICATION

By using this Website, our Services, or supplied Products, you agree to indemnify, hold harmless, and defend Bujjify and our affiliates and our respective officers, directors, shareholders, employees, agents, contractors, and representatives (and their respective successors and assigns) from any claims, damages, losses, and liabilities, and all costs and expenses of defense, including but not limited to attorneys' fees, resulting directly or indirectly from a claim by a third party that arises in connection with: (a) use or attempted use of this Website, Services, Products, and/or Content by you or any other person accessing the Website using your Account; (b) your violation of any terms of these Terms of Service or applicable law; and (c) your violation of any third party right, including but not limited to, any copyright, property, or privacy right.

SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, such provision shall be deemed severable from the remaining provisions and shall not affect the validity and enforceability of the remaining provisions. In such cases, the unenforceable provision will be modified or replaced with a lawful and enforceable provision that comes closest to the intent of the original provision.

FORCE MAJEURE

We shall not be held responsible for the non-performance of any obligation if we are unable to comply due to force majeure events beyond our reasonable control. Force majeure refers to any external causes, whether anticipated or unforeseen, that are beyond our influence and prevent us from fulfilling our obligations. This includes, but is not limited to, strikes within our company or our contractors' organizations, as well as pandemics and related circumstances. In the event of force majeure, you are not entitled to any compensation or claim for breach of contract. If a force majeure event leads to exceeding the agreed-upon date or term, we reserve the right to terminate the relevant agreement by providing written notice. However, this termination does not apply to Products that have already been delivered; such Products must be paid for unless payment has already been made.

MINORS

The Services are intended for individuals who are 18 years and older and can form legally binding contracts under applicable law. Individuals under the age of 18, but over the age of 13, may use the Services only under the supervision of a parent or legal guardian. In such cases, the adult is the user and is responsible for fulfilling all obligations arising from these Terms of Service.

While we do not collect information from individuals under the age of 13, Account Information may contain personally identifiable information of minors ("Child Personal Information"), such as first name, last name, address, and birthday. We are committed to maintaining the confidentiality of your Account Information, including Child Personal Information. We will only use or disclose such information as necessary to provide the Services or as authorized by you, in accordance with our Privacy Statement. This may involve sharing Child Personal Information with our service providers and contractors.

PRIVACY STATEMENT

All information collected through the Website is subject to our Privacy Statement, which is hereby incorporated into and made part of these Terms of Service.

ACCURACY OF BILLING AND USER INFORMATION

If you choose to provide information to register for or participate in a service, event, or promotion on this Website or to use our Services, you agree that you will provide accurate, complete, and up-to-date information as requested on the screens that collect information from you.

You agree to provide current, complete and accurate purchase information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

DISCLAIMER OF WARRANTY

You are solely responsible for determining if the books that are delivered with our Subscriptions are suitable for your children. We do not take responsibility for the Content in books or whether the books we choose conform to values suitable to every parent who subscribes to our Service. Under no circumstances will we be liable for any loss or damage caused by your use of the Products or your reliance on the information in any Content on this Website. You agree that your sole and exclusive remedy arising from or relating in any way to any Product shall be its replacement or a credit towards another monthly shipment at our sole discretion.

Except as expressly provided herein, the Website, Services, Products, and Content on or accessible from this Website are provided on an "as is" and "as available" basis. To the fullest extent permitted by applicable law, we expressly disclaim all warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Specifically, but without limitation, Bujjify does not warrant that: (a) the information available on this Website is free of errors; (b) the Products or Services are not defective; (c) the functions or services (including but not limited to mechanisms for the downloading and uploading of Content) provided by this Website will be uninterrupted, secure, or free of errors; (d) defects will be corrected; or (e) this Website or the server(s) that make it available are free of viruses or other harmful components.

LIMITATION OF LIABILITY 

To the fullest extent permitted by applicable law, neither we nor our affiliates or our respective officers, directors, shareholders, employees, agents, contractors, suppliers, service providers, licensors, or representatives (or their respective successors and assigns) shall be liable in contract, tort (including negligence), or otherwise for any injury, loss, claim, or any direct, indirect, incidental, special, punitive, or consequential damages resulting from the use or attempted use or inability to use the Website, Products, Services, or Content, including without limitation lost revenue, lost or stolen data, lost opportunities, damaged devices, or other intangibles, even if you or we have been previously advised of the possibility of such damages. If any part of this limitation of liability is found to be invalid or unenforceable for any reason, or if we are otherwise found to be liable to you in any manner, then you agree that our total liability to you for damages, regardless of the form of action, shall not exceed the amount you paid, if any, to access the Website, in the aggregate for all claims. The foregoing limitations will apply even if the above-stated remedy fails of its essential purpose.

EXCLUSIONS

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability, including for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

THIRD-PARTY LINKS

Any reference to a third party or third-party Product or Service should not be construed as an approval or endorsement by Bujjify Inc of that third party or any product or Service provided by them. Furthermore, the inclusion of a link to a third-party website ("Linked Site") does not indicate our endorsement or acceptance of any responsibility for the Content or use of that Linked Site. Your use of a Linked Site is subject to the privacy policies and terms of use of such Linked Site and you should read and understand them before using any Linked Site. You access and use a Linked Site at your own risk. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, Content, or any other transactions made in connection with any third-party websites. Just like when purchasing a product or Service through any means, it is your responsibility to exercise appropriate judgment and caution. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

TERMINATION

We may, at our sole discretion, terminate or suspend any user's access or Subscription to our Website and Services at any time, without prior notice or liability, for any reason whatsoever, including, but not limited to, a breach of these Terms of Service. It is our policy to terminate users who violate these Terms of Service, as deemed appropriate in our sole discretion. You agree that we are not liable to you or any third party for any termination of your access to our Website or Services.

INTELLECTUAL PROPERTY, COPYRIGHTS, AND TRADEMARKS

You agree and acknowledge that, as between you and Bujjify, Bujjify owns and retains all rights, title, and interest in and to:

(a) the Website and Content, including all improvements, enhancements, and modifications thereto; (b) comments, suggestions, or other feedback regarding any aspect of the Services or the Website submitted by you, notwithstanding the Feedback section (above); (c) all Products; and (d) all intellectual property and proprietary rights in and related to any of the foregoing (collectively, "Bujjify Intellectual Property").

To the extent you have or later acquire any right, title, or interest in any Bujjify Intellectual Property, you hereby irrevocably transfer and assign all such right, title, and interest in such Bujjify Intellectual Property to us.

GOVERNING LAW

These Terms of Service shall be governed by and construed in accordance with the laws of Canada without giving effect to any choice or conflict of law provision.

Any dispute arising out of or in connection with these Terms of Service, including any question regarding their existence, validity, or termination, shall be resolved in state or federal courts located in Ontario, Canada, and you expressly consent to exclusive jurisdiction and venue of such courts and waive any arguments regarding forum non conveniens or lack of personal jurisdiction, unless mandatory provisions of law prescribe otherwise.

INDIVIDUAL RIGHT

Any dispute resolution proceeding arising out of or relating to these Terms of Service will be conducted only on an individual basis and not in a class or representative action on behalf of others. There is no right for any dispute hereunder to be brought or heard as a class action, private attorney general action, the consolidation of actions, or actions brought on behalf of third parties.

JURISDICTIONAL ISSUES

We do not represent or warrant that the Services and Products provided by Bujjify Inc. are available in, suitable for, or in compliance with laws outside of Canada and the United States. If you choose to access the Website from outside these jurisdictions, you do so at your own risk and are solely responsible for complying with the local laws and regulations applicable to you. However, by accessing the Website, you agree that our provision of the Services is not subject to the laws, regulations, or jurisdictions of any other area.

ENTIRE AGREEMENT

These Terms of Service constitute the entire agreement between parties and Bujjify Inc relating to the subject matter herein. Any prior agreements, understandings, or representations, whether oral or written, regarding the Website or Services are hereby superseded and replaced by these Terms of Service(including, but not limited to, any prior versions of the Terms of Service). We reserve the right, at our sole discretion and without notice, to revise these terms at any time by updating this posting. It is your responsibility to review these Terms of Service periodically for any changes. Your continued use of the Website or Services after any modifications to these terms signifies your acceptance of those changes. Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

CONTACT US

If you have questions in regard to these Terms of Service or any other questions, please contact us at:

Bujjify Inc.

3088 Country Lane, Whitby, 

Ontario, L1P1M4, 

Canada

Email: hello@bujjify.ca

These Terms of Service were last updated on June 15, 2023.